High Courts
Teacher Likely To Use Harsh Language To Discipline Student: Punjab & Haryana HC Discharges Teacher Accused Of Abetment Of Suicide Of Minor Student
Observing that "post of a teacher require disciplining a student", the Punjab & Haryana High Court has discharged a teacher from charges of abetment to suicide of a minor student who allegedly harassed her in school.The Court found that the student was weak in studies "for which she was reprimanded". Even otherwise, neither the FIR nor the suicide note refer to any specific instances of acute harassment amounting to abetment, it said.While opining that "no offence is made...
Patna High Court Orders ₹2 Lakh Compensation To Man Who Was Subjected To 'Severe' Torture, Assault In Police Custody
The Patna High Court has ordered the State Government to pay a compensation of ₹2 lakh to a man who was subjected to severe torture and assault while in police custody.Applying the principle under Section 106 of the Evidence Act (Burden of proving a fact, especially within knowledge) to the facts of the case, a bench of Justice Bibek Chaudhuri observed that the policemen involved in the case had special knowledge as to who committed custodial violence upon the victim."Thus, applying the...
One Open & Two Special Jails In State To Be Operational Soon: Govt Informs Chhattisgarh High Court
The State Government has informed the Chhattisgarh High Court about the imminent operation of three new jail facilities across the state. As confirmed by the Chief Secretary of the State of Chhattisgarh, establishing one open jail and two special jails marks a significant development in the State's correctional infrastructure. Filing an affidavit in response to the High Court's last month's order registering a suo moto PIL to explore the possibilities with regard to the implementation...
'Delhi Govt Only Interested In Appropriation Of Power': High Court On Failure To Supply Books In MCD Schools
The Delhi High Court on Friday rapped the Delhi Government over stalling of projects in the national capital and non-supply of books and uniforms to children studying in MCD schools, observing that the government is just interested in appropriation of power and nothing is working at the ground level.During the hearing today, Delhi Government's counsel Shadan Farasat, on instructions from Delhi Urban Development Minister Saurabh Bharadwaj, told court that delegation of power can be done only with...
"Politically Motivated": Orissa HC Slaps ₹5 Lakh On Company Secretary Who Challenged Union Minister Ashwini Vaishnaw's 2019 Election
The Orissa High Court has dismissed a writ petition filed by a Company Secretary challenging the 2019 election of Union Railway Minister Ashwini Vaishnaw to Rajya Sabha on the ground of submission of false affidavit along with the nomination papers.While discouraging filing of such 'politically motivated' petitions, the Division Bench of Chief Justice Chakradhari Sharan Singh and Justice Murahari Sri Raman observed –“The Courts exercising power of judicial review have duty to discourage filing...
PG Doctors' Refusal To Work In Govt Hospitals Infringe Fundamental Rights Of Poor Patients: Madras High Court Upholds Bond Agreement
The Madras High Court recently remarked that Doctors, who undergo postgraduate studies at low cost by utilizing taxpayer's money should serve the poor and needy in the State. Justice SM Subramaniam also remarked that doctors, who refused to work in government hospitals after completing the PG course, were infringing the fundamental rights of the poor and needy patients who were undergoing treatment in the government hospitals. “If these Doctors after undergoing medical specialty...
POCSO Act Has Caused Widespread Injustice In Tribal Hamlets & Rural India Causing 'Uncalled For Arrest & Incarcerations': Orissa High Court
The Orissa High Court has flagged the issue of widespread injustice caused to the people of rural area, particularly to the people of tribal hamlets due to the strict provisions of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act').The Single Bench of Justice Sibo Sankar Mishra said that the legislation has resulted in uncalled for arrests and incarcerations of people from tribal areas and held – “Adivasi and the tribal have their unique customs and traditions with...
Morbi Tragedy| 'It Wasn't An Act Of God; You Played With Public Property': Gujarat HC Presses 'Oreva' For Comprehensive Victims' Rehabilitation Plan
Following the issuance of a contempt notice against Jaysukh Patel, director of Oreva company, for non-compliance with court orders and causing delays, the company has issued an apology, which the Gujarat High Court has accepted today and decided not to pursue contempt proceedings against the managing director, for the 'time being'However, the division bench, led by Chief Justice Sunita Agarwal and Justice Anirudhha Mayee, expressed dissatisfaction with the company's lack of proposals regarding...
Go First Case: Delhi High Court Directs DGCA To Process De-Registration Of Leased Aircrafts
The Delhi High Court on Friday passed a slew of directions to de-register 54 aircrafts of various lessors on lease with the crisis-hit airline Go First.While disposing of a batch of pleas moved by the lessors, Justice Tara Vitasta Ganju set aside the communication letters issued by the Director General of Civil Aviation (DGCA) declining to process new registration applications of the lessors. The court directed the DGCA to forthwith, and no later than the next five working days, process the...
“POCSO Act Led To Increase In Vindictive Litigation”: Orissa High Court Quashes Cases Based On Mutual Settlement, Marriage
The Orissa High Court has expressed concerns about the misuse of the provisions of the Protection of Children from Sexual Offences Act, 2012 ('the POCSO Act'), especially by way of prosecution of young males in cases of mutual adolescent romantic relationship.While allowing a batch of petitions praying to quash criminal proceedings under the stringent legislations, the Single Bench of Justice Sibo Sankar Mishra observed– “The POCSO Act was enacted with the ultimate objective of prohibiting...
Decide Plea For Including Women In Application For Indian Army, Navy & Air Force Through CDS Exam Within Eight Weeks: Delhi High Court To Centre
The Delhi High Court on Friday directed the Union Ministry of Defence to decide a plea seeking the inclusion of women candidates for recruitment in the Indian Military Academy, Indian Naval Academy and Air Force Academy through the Combined Defence Services (CDS) Examination.A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora directed the Union Government to decide the representation filed by Kush Kalra, in accordance with the law within eight weeks. The...
J&K High Court Closes Plea On Allegations Of Religious Interference & Maladministration At Machail Mata Shrine
The Jammu and Kashmir High Court has brought closure to a case concerning alleged religious interference and financial irregularities at Machail Mata Shrine.Taking note of the statement of the petitioners that they were satisfied with respect to the steps being taken by respondents on the issue and the same being in the interest of public at large a bench of Justice Wasim Sadiq Nargal observed, “.. in the light of the statement made by the learned counsel appearing on behalf of the petitioners,...